Sanjay Kumar Tomar v. State of U. P. Thru Secry. and 3 Others
2013-12-11
D.Y.CHANDRACHUD, SANJAY MISRA
body2013
DigiLaw.ai
Sanjay Misra,J:- The appellant, who is a Senior Clerk, has admittedly been transferred from one section to another section in the same office. On behalf of the appellant, it was sought to be argued that the transfer is punitive. 2. The learned Single Judge relied upon a judgement of the Supreme Court in Registrar General High Court of Judicature at Madras Vs. R. Perachi and others, AIR 2012 SC 232 and held that if a complaint is pending, it is open to the authority to transfer an employee on an administrative ground. In the present case, a preliminary inquiry has been concluded wherein the appellant has been found guilty and a regular departmental inquiry has been contemplated. In the mean time, the appellant has been relocated on transfer from one section to another section in the same office. No fault can be found in the impugned action as it is not punitive. It is only an administrative recourse on account of the initiation of a regular departmental inquiry. Hence the order of the learned Single Judge does not suffer from any error of law. 3. The special appeal stands dismissed. There shall be no order as to costs. _________________